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Madras High CourtCRL OP/29066/2023ordered

Mohanraj v. The State Rep. By

2023-12-29Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Mohanraj ... Petitioner Vs.

1. State Rep. by The Deputy Superintendent of Police, Thirukoilur, Kallakurichi District.

2. The Inspector of Police, Vadaponparappi Police Station, Kallakurichi.

... Respondents (Crime No.277 of 2023) Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Villupuram to consider the bail petition to be filed by the petitioners on the same day of his surrender in Crime No.277 of 2023 on the file of the respondent police, Vadaponparappi Police Station, Kallakurichi District. For Petitioner : Ms.K.Mangaiyarkarasi For Respondents : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction, to direct the learned Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Villupuram to consider the bail petition to be filed by the petitioners on the same day of his surrender in Crime No.277 of 2023 on the file of the respondent police, Vadaponparappi Police Station, Kallakurichi District.

2. In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Villupuram shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15 (A) of the SC/ST (POA) Act.

3. This Criminal Original Petition is disposed of with the above directions. 29.12.2023 Index :Yes/No Internet:Yes/No Speaking/Non speaking order gvn/sk To

1. The Special Sessions Judge for Trial of Cases under the SC/ST (POA) Act, Villupuram

2. The Deputy Superintendent of Police, Thirukoilur, Kallakurichi District.

3. The Inspector of Police, Vadaponparappi Police Station, Kallakurichi.

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL,J gvn/sk 29.12.2023